Child Support Collection Options

On behalf of McAdams Law on Monday, March 5, 2012.

If your spouse or partner owes you money for child support and hasn't paid it, several legal alternatives are available. Your lawyer can initiate efforts to have his or her salary garnished. However, if the individual is self-employed, collection efforts are harder and may be less effective. Another option is suspension of a driver's license and other professional licenses. This is sometimes enough to get compliance and obtain the money you're due. Beyond these measures, it's possible to have tax refunds applied to past due child support. In addition, if the arrears exceeds $2500.00, your former spouse will not be able to obtain a passport renewal or have a passport application approved until the payments are current. A more extreme step can be to have your ex arrested, since the law deems refusal to make child support payments as a contempt of court. While imprisonment is not grounds to reduce child support obligations, being in jail does makes it impossible to earn money. Consequently, the implications of incarceration have to be seriously considered with your attorney. In all matters in which you aren't receiving the funds legally due for support of your children, seek the help of an experienced New York matrimonial lawyer. Otherwise, the chances of your collecting from a chronically late-paying spouse are considerable diminished.

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